IN THE CASE OF:	  

		BOARD DATE:	        06 NOVEMBER 2008

		DOCKET NUMBER:  AR20080014652 


THE BOARD CONSIDERED THE FOLLOWING EVIDENCE:

1.  Application for correction of military records (with supporting documents provided, if any).

2.  Military Personnel Records and advisory opinions (if any).


THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE:

1.  The applicant requests correction of his Armed Forces of the United States Report of Transfer or Discharge (DD Form 214) to show that he was awarded the Purple Heart and the Combat Infantryman Badge.  He also requests that he be furnished the medals listed on his DD Form 214.

2.  The applicant states that he was presented with the Purple Heart and the Combat Infantryman Badge when he was in a hospital in Vietnam and these two awards were not included on his DD Form 214.

3.  The applicant provides a copy of his DD Form 214 in support of his application.

CONSIDERATION OF EVIDENCE:

1.  Title 10, U.S. Code, section 1552(b), provides that applications for correction of military records must be filed within 3 years after discovery of the alleged error or injustice.  This provision of law also allows the Army Board for Correction of Military Records (ABCMR) to excuse an applicant’s failure to timely file within the 3-year statute of limitations if the ABCMR determines it would be in the interest of justice to do so.  While it appears the applicant did not file within the time frame provided in the statute of limitations, the ABCMR has elected to conduct a substantive review of this case and, only to the extent relief, if any, is granted, has determined it is in the interest of justice to excuse the applicant’s failure to timely file.  In all other respects, there are insufficient bases to waive the statute of limitations for timely filing.
2.  The applicant was inducted into the Army of the United States in Detroit, Michigan, on 11 May 1966.  He successfully completed his training as a field wireman.  He was transferred to Vietnam on 28 November 1966 and assigned to Headquarters and Headquarters Company, 2d Battalion, 5th Calvary Regiment, 1st Calvary Division (Airmobile), on 21 December 1966.

3.  A review of the applicant’s records does not show that he was wounded as a result of hostile action while he was in Vietnam.

4.  The applicant returned to the Continental United States on 12 April 1967 and he was hospitalized at the facility at Fort Knox, Kentucky.  However, the available records do not show the reason for his hospitalization.

5.  The applicant was honorably released from active duty (REFRAD) on 10 May 1968, at the expiration of his term of service and he was transferred to the United States Army Reserve Control Group (Annual Training) to complete his Reserve obligation.

6.  The DD Form 214 that the applicant was furnished at the time of his REFRAD shows that the was awarded the Vietnam Service Medal, the Republic of Vietnam Campaign Medal, the National Defense Service Medal, and the Sharpshooter Marksmanship Qualification Badge with Rifle Bar.  However, there is no evidence contained in his official record that shows that he was ever furnished his medals and his badge.

7.  A review of the Vietnam Casualty Roster does not show that the applicant was wounded as a result of hostile action while he was in the Army.

8.  Army Regulation 600-8-22 (Military Awards) provides, in pertinent part, that the Purple Heart is awarded for a wound sustained as a result of hostile action.  Substantiating evidence must be provided to verify that the wound was the result of hostile action, the wound must have required treatment by medical personnel, and the medical treatment must have been made a matter of official record.

9.  Army Regulation 600-8-22 provides, in pertinent part, that the Combat Infantryman Badge is awarded to infantry officers and to enlisted and warrant officer persons who have an infantry military occupational specialty (MOS).  They must have served in active ground combat while assigned or attached to an infantry unit of brigade, regimental or smaller size.  The Awards Branch of the U.S. Army Human Resources Command (formerly known as the Total Army Personnel Command) has advised, in similar cases, that during the Vietnam era the Combat Infantryman Badge was awarded only to enlisted individuals who held and served in MOS 11B, 11C, 11F, 11G, or 11H.
DISCUSSION AND CONCLUSIONS:

1.  A review of the available records does not show that the applicant was wounded as a result of hostile action while he was in the Army.

2.  The Vietnam Casualty Roster does not show he was wounded as a result of hostile action while he was in the Army.

3.  The applicant has provided no evidence to support his contention that he was wounded as a result of hostile action while he was in Vietnam and in the absence of evidence to the contrary, it must be presumed that what the Army did in his case was correct.

4.  Additionally, the applicant's records do not show that he met the criteria for award of the Combat Infantryman Badge.  Therefore, it was not included on his DD Form 214.

5.  However, there is no evidence in the available records that shows that the applicant was ever furnished the medals and the badge that are listed on his DD Form 214.  Therefore, it would now be in the interest of justice to provide him with those medals and the badge.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

___X_____  ___X_____  ___X_____  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined that the evidence presented was sufficient to warrant a recommendation for partial relief.  As a result, the Board recommends that the applicant be furnished the Vietnam Service Medal, the Republic of Vietnam Campaign Medal, the National Defense Service Medal, and the Sharpshooter Marksmanship Qualification Badge with Rifle Bar.


2.  The Board further determined that the evidence presented is insufficient to warrant a portion of the requested relief.  As a result, the Board recommends denial of so much of the application that pertains to amending his DD Form 214 to show that he was awarded the Purple Heart and the Combat Infantryman Badge.



      __________XXX_______________
                 CHAIRPERSON

I certify that herein is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in this case.

ABCMR Record of Proceedings (cont)                                         AR20080014652



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ABCMR Record of Proceedings (cont)                                         AR20080014652



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